Offer Letter for Employment - Template, Sample Form Pro · IN-law

LETTER OF OFFER OF EMPLOYMENT

(Issued pursuant to the applicable labour legislation of India, including the Code on Wages, 2019, the Industrial Relations Code, 2020, the Code on Social Security, 2020 and the Occupational Safety, Health and Working Conditions Code, 2020, to the extent in force and applicable)

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CIN: ________
PAN: ________

Date: ________
Reference No.: ________

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PAN: ________
Aadhaar (last four digits): ________

Dear ________,

Re: Offer of Employment

We are pleased to offer you employment on a full-time basis with ________ (the "Employer" or "Company") in the role of ________, on the terms and conditions set out in this letter (the "Agreement"). It is intended that your employment commence on ________ (the "Commencement Date").

This offer, and your continued employment, is conditional upon: (i) verification of the credentials, references, qualifications and documents furnished by you; (ii) satisfactory pre-employment background and antecedent verification; (iii) your eligibility to work in India; and (iv) your medical fitness for the role, where required.

Please read this Agreement carefully and signify your acceptance by signing and returning the duplicate copy of this letter.

§ 1. Appointment and Position

(a) You are appointed in the role of ________, reporting to ________.

(b) In addition to such duties as may be assigned to you by the Employer from time to time consistent with your position, your role will involve the following duties and responsibilities:

________

(c) You shall devote your time, skill, attention and ability faithfully and diligently to the business of the Employer and shall comply with all lawful and reasonable directions of the Employer.

§ 2. Place of Work

(a) You will ordinarily be based at the following location, although the Employer may, by reasonable notice, require you to work at or be transferred to other locations, offices, branches, associate companies or sites of the Employer, whether in India or abroad:

________

(b) Any such transfer shall not result in a reduction of your gross salary.

§ 3. Probationary Period

(a) Your employment is subject to satisfactory completion of a probationary period of ________ month(s) from the Commencement Date.

(b) The probationary period enables the Employer to assess your suitability and performance in the role. The Employer may, at its discretion, extend the probationary period by a further period not exceeding ________ month(s) by written notice.

(c) During the probationary period (including any extension), either party may terminate this Agreement by giving the other party one (1) week's written notice or salary in lieu thereof.

(d) You shall be deemed to be confirmed in your appointment only upon issuance of a written confirmation order by the Employer.

§ 4. Hours of Work

(a) As a full-time employee, you shall ordinarily work ________ hours per week, on the working days notified by the Employer, in accordance with the working hours prescribed under the applicable labour legislation and the Company's policies.

(b) Given the nature of your duties and the cost-to-company structure of your remuneration, you may be required to work such additional hours as are reasonably necessary for the proper performance of your duties, and you shall not be entitled to any separate remuneration for such additional hours, save as may be mandatorily required under applicable law.

§ 5. Remuneration and Benefits

(a) Your annual gross remuneration (Cost to Company) shall be Rs. ________ (Rupees ________), subject to applicable statutory deductions.

(b) Remuneration shall be paid ________ by way of ________, on or before the date stipulated under the Code on Wages, 2019 and rules made thereunder.

(c) The detailed break-up of your remuneration, including basic wages, allowances and any variable or performance-linked components, is set out in the salary annexure forming part of this Agreement.

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(e) The aforesaid Cost to Company is the total cost to the Employer and is inclusive of all payments and benefits provided by the Employer, directly or indirectly, to or on your behalf, whether as salary, allowances, statutory contributions or otherwise.

(f) Your remuneration is personal and confidential to you and shall not be disclosed to any other employee or third party.

§ 6. Statutory Benefits and Leave

(a) You shall be entitled to provident fund, gratuity (in accordance with the Payment of Gratuity Act, 1972, as continued under the Code on Social Security, 2020), employees' state insurance (where applicable) and other statutory benefits in accordance with applicable law.

(b) You shall be entitled to earned/privilege leave, casual leave, sick leave and such other leave (including any statutory leave) in accordance with applicable law and the leave policy of the Company, as amended from time to time.

(c) You shall be entitled to such public/national and festival holidays as are notified by the Company in accordance with applicable law.

§ 7. Company Policies and Code of Conduct

(a) You agree to be bound by and to comply with the policies, rules, standing orders, code of conduct and procedures of the Employer, as amended or replaced from time to time, including policies relating to anti-corruption, prevention of sexual harassment, information security and data protection.

(b) Such policies provide guidance only and, save where expressly stated, shall not form part of this Agreement.

(c) The Company is committed to providing a safe workplace and complies with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, and you agree to abide by the same.

§ 8. Confidentiality and Intellectual Property

(a) In the course of your employment, you will have access to confidential information relating to the Employer's business, including but not limited to trade secrets, technical and financial information, client and customer details, business strategies, pricing, and other proprietary information ("Confidential Information").

(b) You agree that you shall not, either during or after your employment, disclose any Confidential Information to any third party or use it for any purpose other than the proper performance of your duties, except as required by law or with the prior written consent of the Employer. This obligation shall survive the termination of your employment.

(c) All intellectual property, inventions, works, developments and improvements created by you in the course of your employment or relating to the Employer's business shall vest exclusively in the Employer, and you assign to the Employer all rights therein, in accordance with the Copyright Act, 1957 and the Patents Act, 1970, and you agree to execute such documents as may be necessary to give effect thereto.

(d) You consent to the processing of your personal data by the Employer for employment-related and statutory purposes in accordance with the Digital Personal Data Protection Act, 2023, and the Company's privacy policy.

§ 9. Non-Solicitation

During your employment and for a period of ________ month(s) following its termination, you shall not, in a manner permissible under Section 27 of the Indian Contract Act, 1872, solicit or entice away any employee, customer or client of the Employer with whom you had material dealings during the last twelve (12) months of your employment.

§ 10. Termination

(a) After confirmation, either party may terminate this Agreement by giving the other party ________ written notice (or salary in lieu of such notice, in whole or in part, at the Employer's option).

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(c) Upon termination for any reason, you shall return to the Employer all property, documents, records, equipment and Confidential Information in your possession or control.

(d) Your age of superannuation shall be ________ years, upon attaining which your employment shall stand automatically terminated.

§ 11. Governing Law and Dispute Resolution

(a) This Agreement shall be governed by and construed in accordance with the laws of India.

(b) Any dispute arising out of or in connection with this Agreement shall, failing amicable resolution, be referred to arbitration by a sole arbitrator under the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be ________ and the language shall be English.

(c) Subject to the foregoing, the courts at ________ shall have exclusive jurisdiction.

§ 12. Entire Agreement

This Agreement, together with its annexures and the Company's policies, constitutes the entire understanding between the parties relating to your employment and supersedes all prior offers, representations and arrangements, whether oral or written.

Acceptance

This Letter of Offer contains the terms and conditions of your employment with the Employer.

Yours sincerely,
For and on behalf of ________

________________________
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Designation: ________

Acceptance by Employee

I, ________, have read and understood the terms and conditions set out above and hereby accept and agree to be bound by the same. I confirm that the particulars and documents furnished by me are true and correct.

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Signature

Name: ________

Date: ________

Place: ________

Witness:
Name: ________
Address: ________
Signature: ________________________